Claims
The following is intended for general guidance only in the event of a claim and
is not intended as an exhaustive, final definition of coverage. Whether coverage
is in force or not depends on the individual circumstances and facts surrounding
each claim.
The Policy
The policy of marine insurance that has been issued to you is known as an “all risks”
form of marine insurance policy. This covers you for any loss and or damage to your
vessel that is accidental, fortuitous in nature and is incidental to the use of
your vessel.
However, not all types of damage and or losses are covered.
The policy excludes many types of damage and incident
and you should take time to study these carefully and understand how each exclusion
could affect your coverage.
The policy exclusions are set out within the insuring agreement wording under the
heading “exclusions to coverage A, B, C, D, E & F”
. The insuring agreement wording also contains general conditions and warranties
that you should be familiar with, which if breached by you could affect coverage.
You can obtain a copy of this form of policy from the
Policy Wordings section of this site.
If you believe that you may have a claim under your policy above all else:
Do not delay in the proper presentation of your claim.
Steps to be taken in the event of a loss
|
1. |
Notify your agent in writing that you have had an incident that may or may not give
rise to a claim under your policy. |
 |
|
2. |
Obtain a claim form for completion. Fully complete this form and submit it to your
agent. If you are unable to obtain a claims form, explain fully in writing exactly
what has happened and send this document. |
Section 10 of the insuring agreement sets out what you should do in the event of
loss of and or damage to your vessel (See “Your Duties in the event of a loss” ).
Please follow these steps, as any failure by you to do so could delay the processing
of your claim and in some cases prevent a recovery.
All that is expected of you is that you act reasonably to preserve your vessel and
its equipment from further damage. Consider what steps you would take if you didn’t
have insurance.
Once you have told your agent, place a note in your diary and follow this up with
your agent if no one has contacted you within 7 days. Do not delay
in informing your agent.
We usually appoint an adjuster, who may arrange for the damage to your vessel to
be surveyed and who will then send a report to us as to the extent of the damage.
The appointment of an adjuster is at our discretion and not every incident will
require this. You are at liberty to appoint your own representative, however the
costs of such representation may be disallowed.
Because not every incident will require an adjuster, it is very important that you
do not simply wait for one to call you.
Try to obtain at least two repair estimates for the damage to your vessel and send
these to your agent as soon as they are available. If an adjuster has been appointed
give them to the adjuster but please keep copies for your own records.
You do not need our permission to begin repairs to your vessel all you have
to do is allow us a reasonable opportunity to assess the damage to your vessel.
If you delay in telling us about the loss, or carry out repairs to the vessel without
giving us the opportunity to look at them first, this may affect your coverage.
The adjusting process
We appoint the adjuster and liability for their fees rests with us whether or not
your claim is covered (except where you make a claim under the liability sections
of the insuring agreement when the fees form part of your limit of cover.)
The adjuster will examine the damages to your vessel that you tell us occurred as
a result of the incident in question. They will produce a written report and send
that to us. Because we pay the adjuster, the report remains our property and while
we may release it at our discretion, we are not obliged to. The adjuster may sometimes
give you guidance and assistance on your claim. You can appoint your own adjuster/surveyor
at any time to communicate with our adjuster and for agreement to be reached if
at all possible but as we have noted elsewhere, the cost of such representation
will not always be allowed.
Please feel free to telephone the adjuster in our Claims
Department with any query that you might have. If you have e-mail facilities
you can Contact Us in that manner. In many instances
the adjusters themselves will have this facility.
The decision
Once the adjuster has reported to us we are usually in a position to provide a rapid
decision on your claim.
Once the repair estimates have been approved by us as fair and reasonable, we will
instruct the adjuster to make an offer to you to settle your claim. If you agree
to our offer we will always ask you to sign a release document, which you should
do in the presence of an attorney or Notary Public. Carefully read this document
because once you have signed it we will only accept a further claim for the same
incident in exceptional circumstances. You can find a specimen copy of such two
such releases in our “Downloads” section.
If you are at all unhappy with the decision or any part of the claims process please
contact us to discuss your queries, if you still feel unhappy then please write
to us at the address provided.
The Insurers are under no obligation to repair your vessel and in certain circumstances,
to repair your vessel will not be economically viable and we will then declare your
vessel “a constructive total loss”. When we do this you will be paid
in full the agreed value of the vessel as appears on your cover note and or any
subsequent endorsement. No deductible will be applied normally except where the
loss and or damage were caused by a named windstorm or theft. You will normally
be given the option of retaining title to your vessel. Your Insurers have the option
to take title to your vessel but you must appreciate that they are not under any
obligation to do so and responsibility for the vessel remains with you unless you
are told anything to the contrary. If your vessel is sold to a third party after
it has been declared a constructive total loss you may be required to execute a
bill of sale. The adjuster assigned to your case will provide you with all the necessary
details.
Payment of the claim
Once you have returned the release document to us, we will usually send you your
money within 30 days of receipt. We can pay you by way of cheque/draft or money
transfer. If you require a money transfer remember to provide us with
|
a) |
The full name and address of your bank. |
 |
|
b) |
Their routing number or ABA number and |
|
|
c) |
Your account number. |
A money transfer usually takes three to four days to effect. We will do our best
to pay you before the expiration of 30 days from the day we receive the release,
but please be patient. If you have nominated a loss payee on your application form
we can only process payment by way of cheque. This cheque will be made out in your
name and the loss payee.
At this or any stage ,please feel free to telephone, fax or e-mail our claims
department with any query that you might have.
Above all we want you to enjoy many hours of safe, trouble free operation of your
vessel, but we know that accidents do happen and that’s what we are here for.
We will assist and advise so far as we are able to.